SB622: Bill Text

SB622,406,6 (precedes 289.41)

SB622,406,7 289.42 Operation of facilities.

SB622,406,8 Subchapter V

SB622,406,11 Facilities; regulation of specific facility or waste types (precedes 289.51)

SB622,406,14 subchapter vi fees; funds (precedes 289.61)

SB622,406,15 289.62 Tonnage fees.

SB622,406,16 289.67 Environmental repair fee and surcharge.

SB622,406,19 Subchapter VII Financial assistance (precedes 289.83)

SB622,406,22 subchapter Viii enforcement; penalties (precedes 289.91)

SB622,407,2 289.94 Imminent danger. (1) Notice required. If the department receives evidence that the past or present handling, storage, treatment, transportation or disposal of any solid waste may present an imminent and substantial danger to health or the environment, the department shall do all of the following:

SB622,407,3 (a) Provide immediate notice of the danger to each affected municipality.

SB622,407,5 (b) Promptly post notice of the danger at the site at which the danger exists, or order a person responsible for the danger to post such notice.

SB622,407,7 (2) Other actions. In addition to the actions under sub. (1), the department may do one or more of the following:

SB622,407,9 (a) Issue any special order necessary to protect public health or the environment.

SB622,407,10 (b) Take any other action necessary to protect public health or the environment.

SB622,407,15 (c) Request the department of justice to commence legal proceedings to restrain or enjoin any person from handling, storage, treatment, transportation or disposal which presents or may present an imminent and substantial danger to health or the environment or take any other action as may be necessary to protect public health and the environment.

Note: This provision is currently numbered s. 144.72 and relates to both solid and hazardous waste. Section 144.72 is renumbered s. 291.85 and made applicable to hazardous waste. The identical language is duplicated here for solid waste.

SB622,407,20 289.96 (3) (a) Except for the violations enumerated in sub. (1), any person who violates this chapter or any rule promulgated or any plan approval, license or special order issued under this chapter shall forfeit not less than $10 nor more than $5,000 for each violation. Each day of continued violation is a separate offense. While an order is suspended, stayed or enjoined, the penalty does not accrue.

SB622,408,5 (b) In addition to the penalties provided under par. (a), the court may award the department of justice the reasonable and necessary expenses of the investigation and prosecution of the violation, including attorney fees. The department of justice shall deposit in the state treasury for deposit into the general fund all moneys that the court awards to the department or the state under this paragraph. Ten percent of the money deposited in the general fund that was awarded under this paragraph for the costs of investigation and the expenses of prosecution, including attorney fees, shall be credited to the appropriation account under s. 20.455 (1) (gh).

SB622, s. 992 Section 992. Chapter 291 of the statutes is created to read:

SB622,408,8 Chapter 291 hazardous waste management

SB622,408,11 Subchapter I Declaration of Policy (precedes 291.001)

SB622,408,14 subchapter ii definitions (precedes 291.01)

SB622,408,18 291.01 (4) "Environmental pollution" means the contaminating or rendering unclean or impure the air, land or waters of the state, or making the same injurious to public health, harmful for commercial or recreational use, or deleterious to fish, bird, animal or plant life.

SB622,408,21 (12) "Municipality" means any city, town, village, county, county utility district, town sanitary district, public inland lake protection and rehabilitation district or metropolitan sewage district.

SB622,408,22 (16) "Solid waste" has the meaning given under s. 289.01 (33).

SB622,408,23 (23) "Wastewater" means all sewage.

SB622,409,3 SUBCHAPTER iii administration (precedes 291.05)

SB622,409,4 291.05 Required rules.

SB622,409,6 (5) (a) The department shall promulgate rules regarding hazardous waste transportation that establish standards for the following:

SB622,409,7 291.07 Authorized rules.

SB622,409,8 291.09 Department duties.

SB622,409,9 291.11 Department powers.

SB622,409,13 subchapter iv HAZARDOUS WASTE; GENERAL REGULATION (precedes 291.21)

SB622,409,14 291.25 Licenses; treatment, storage or disposal.

SB622,409,17 subchapter v ENFORCEMENT; PENALTIES (precedes 291.85)

SB622, s. 993 Section 993. Chapter 292 of the statutes is created to read:

SB622,409,20 Chapter 292 remedial action

SB622,409,22 SUBCHAPTER I DEFINITIONS

SB622,409,23 (precedes 292.01)

SB622,409,24 292.01 Definitions. In this chapter:

SB622,409,25 (1) "Approved facility" has the meaning given in s. 289.01 (3).

SB622,410,1 (1m) "Approved mining facility" has the meaning given in s. 289.01 (4).

SB622,410,2 (2) "Department" means the department of natural resources.

SB622,410,6 (4) "Environmental pollution" means the contaminating or rendering unclean or impure the air, land or waters of the state, or making the same injurious to public health, harmful for commercial or recreational use, or deleterious to fish, bird, animal or plant life.

SB622,410,14 (5) "Hazardous substance" means any substance or combination of substances including any waste of a solid, semisolid, liquid or gaseous form which may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or which may pose a substantial present or potential hazard to human health or the environment because of its quantity, concentration or physical, chemical or infectious characteristics. This term includes, but is not limited to, substances which are toxic, corrosive, flammable, irritants, strong sensitizers or explosives as determined by the department.

SB622,410,16 (6) "Hazardous waste" means any solid waste identified by the department as hazardous under s. 291.05.

SB622,410,17 (7) "Landfill" means a solid waste facility for solid waste disposal.

SB622,410,19 (10) "Long-term care" means the routine care, maintenance and monitoring of a solid or hazardous waste facility following closing of the facility.

SB622,410,22 (11) "Municipality" means any city, town, village, county, county utility district, town sanitary district, public inland lake protection and rehabilitation district or metropolitan sewage district.

SB622,410,23 (12) "Nonapproved facility" has the meaning given in s. 289.01 (24).

SB622,411,3 (13) "Person" means an individual, owner, operator, corporation, limited liability company, partnership, association, municipality, interstate agency, state agency or federal agency.

SB622,411,4 (17) "Secretary" means the secretary of natural resources.

SB622,411,5 (19) "Solid waste" has the meaning given under s. 289.01 (33).

SB622,411,8 SUBCHAPTER II REMEDIAL ACTION (precedes 292.11)

SB622,411,11 292.11 (13) Lien. Any expenditures made by the department under sub. (4), (6) or (8) shall constitute a lien upon the property for which the expenses are incurred, as provided in s. 292.81.

SB622,411,12 292.21 Responsibility of lenders and representatives.

SB622,411,15 292.37 Confidentiality of records. (1) Records. Except as provided under sub. (2), any records or other information furnished to or obtained by the department in the administration of ss. 292.31 and 292.35 are public records subject to s. 19.21.

SB622,411,19 (2) Confidential records. (a) Application. An owner or operator of a solid waste facility may seek confidential treatment of any records or other information furnished to or obtained by the department in the administration of ss. 292.31 and 292.35.

SB622,411,25 (b) Standards for granting confidential status. Except as provided under par. (c), the department shall grant confidential status for any records or information received by the department and certified by the owner or operator of the solid waste facility as relating to production or sales figures or to processes or production unique to the owner or operator of the solid waste facility or which would tend to adversely affect the competitive position of the owner or operator if made public.

SB622,412,6 (c) Emission data; analyses and summaries. The department may not grant confidential status for emission data. Nothing in this subsection prevents the department from using records and other information in compiling or publishing analyses or summaries relating to the general condition of the environment if the analyses or summaries do not identify a specific owner or operator or the analyses or summaries do not reveal records or other information granted confidential status.

SB622,412,23 (d) Use of confidential records. Except as provided under par. (c) and this paragraph, the department or the department of justice may use records and other information granted confidential status under this subsection only in the administration and enforcement of ss. 292.31 and 292.35. The department or the department of justice may release for general distribution records and other information granted confidential status under this subsection if the owner or operator expressly agrees to the release. The department or the department of justice may release on a limited basis records and other information granted confidential status under this subsection if the department or the department of justice is directed to take this action by a judge or hearing examiner under an order which protects the confidentiality of the records or other information. The department or the department of justice may release to the U.S. environmental protection agency, or its authorized representative, records and other information granted confidential status under this subsection if the department or the department of justice includes in each release of records or other information a request to the U.S. environmental protection agency, or its authorized representative, to protect the confidentiality of the records or other information.

SB622,413,3 SUBCHAPTER III ENFORCEMENT; PENALTIES (precedes 292.93)

Note: The enforcement and penalty provisions in ss. 292.93 to 292.98 duplicate the enforcement and penalty provisions in ss. 144.431 (2) (b), 144.465 and 144.47. This duplication is necessary to preserve the enforcement and penalty provisions applicable to ss. 144.442 (4) to (9), (10) and (11) and 144.4422 which are renumbered to this chapter.

SB622,413,6 292.93 Orders. The department may issue orders to effectuate the purposes of ss. 292.31 and 292.35 and enforce the same by all appropriate administrative and judicial proceedings.

SB622,413,11 292.95 Review of alleged violations; environmental repair and cost recovery. Any 6 or more citizens or any municipality may petition for a review of an alleged violation of s. 292.31 or 292.35 or any rule promulgated or special order, plan approval, license or any term or condition of a license issued under those sections in the following manner:

SB622,413,16 (1) They shall submit to the department a petition identifying the alleged violator and setting forth in detail the reasons for believing a violation occurred. The petition shall state the name and address of a person within the state authorized to receive service of answer and other papers in behalf of the petitioners and the name and address of a person authorized to appear at a hearing in behalf of the petitioners.

SB622,413,17 (2) Upon receipt of a petition under this section, the department may:

SB622,413,20 (a) Conduct a hearing in the matter within 60 days of receipt of the petition. A hearing under this paragraph shall be a contested case under ch. 227. Within 60 days after the close of the hearing, the department shall either:

SB622,413,23 1. Serve written notice specifying the law or rule alleged to be violated, containing findings of fact, conclusions of law and an order, which shall be subject to review under ch. 227; or

SB622,414,1 2. Dismiss the petition.

SB622,414,2 (b) Initiate action under s. 292.98.

SB622,414,5 (3) If the department determines that a petition was filed maliciously or in bad faith, it shall issue a finding to that effect, and the person complained against is entitled to recover expenses on the hearing in a civil action.

SB622,414,9 292.98 Violations and enforcement; environmental repair and cost recovery. (1) (a) If the department has reason to believe that a violation of s. 292.31 or 292.35 or any rule promulgated or special order, plan approval, or any term or condition of a license issued under those sections occurred, it may:

SB622,414,19 1. Cause written notice to be served upon the alleged violator. The notice shall specify the law or rule alleged to be violated, and contain the findings of fact on which the charge of violation is based, and may include an order that necessary corrective action be taken within a reasonable time. This order shall become effective unless, no later than 30 days after the date the notice and order are served, the person named in the notice and order requests in writing a hearing before the department. Upon such request, the department shall after due notice hold a hearing. Instead of an order, the department may require that the alleged violator appear before the department for a hearing at a time and place specified in the notice and answer the charges complained of; or

SB622,414,20 2. Initiate action under s. 299.95.

SB622,415,2 (b) If after such hearing the department finds that a violation has occurred, it shall affirm or modify its order previously issued, or issue an appropriate order for the prevention, abatement or control of the problems involved or for the taking of other corrective action as may be appropriate. If the department finds that no violation has occurred, it shall rescind its order. Any order issued as part of a notice or after hearing may prescribe one or more dates by which necessary action shall be taken in preventing, abating or controlling the violation.

SB622,415,7 292.99 Penalties. (1) Any person who violates this chapter or any rule promulgated or any plan approval, license or special order issued under this chapter shall forfeit not less than $10 nor more than $5,000 for each violation. Each day of continued violation is a separate offense. While an order is suspended, stayed or enjoined, this penalty does not accrue.

SB622,415,15 (2) In addition to the penalties provided under sub. (1), the court may award the department of justice the reasonable and necessary expenses of the investigation and prosecution of the violation, including attorney fees. The department of justice shall deposit in the state treasury for deposit into the general fund all moneys that the court awards to the department or the state under this subsection. Ten percent of the money deposited in the general fund that was awarded under this subsection for the costs of investigation and the expenses of prosecution, including attorney fees, shall be credited to the appropriation account under s. 20.455 (1) (gh).

SB622, s. 994 Section 994. Chapter 293 of the statutes is created to read:

SB622,415,18 Chapter 293 Metallic Mining

SB622,415,21 Subchapter I Definitions (precedes 293.01)

SB622,415,25 293.01 (1m) "Air pollution" means the presence in the atmosphere of one or more air contaminants in such quantities and of such duration as is or tends to be injurious to human health or welfare, animal or plant life, or property, or would unreasonably interfere with the enjoyment of life or property.

SB622,416,1 (3) "Department" means the department of natural resources.

SB622,416,5 (4) "Environmental pollution" means the contaminating or rendering unclean or impure the air, land or waters of the state, or making the same injurious to public health, harmful for commercial or recreational use, or deleterious to fish, bird, animal or plant life.

SB622,416,8 (16) "Person" means an individual, owner, operator, corporation, limited liability company, partnership, association, municipality, interstate agency, state agency or federal agency.

SB622,416,9 (27) "Solid waste" has the meaning given under s. 281.01 (15).

SB622,416,14 (29) "Waters of the state" includes those portions of Lake Michigan and Lake Superior within the boundaries of this state, and all lakes, bays, rivers, streams, springs, ponds, wells, impounding reservoirs, marshes, watercourses, drainage systems and other surface water or groundwater, natural or artificial, public or private, within this state or its jurisdiction.

SB622,416,16 (30) "Water supply" means the sources and their surroundings from which water is supplied for drinking or domestic purposes.